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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular event in New York City. While most of them are simply fender benders, some can result in serious injuries. Injured parties should call 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal issues after an accident. They can assist victims in obtaining compensation for medical expenses and lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical expenses, lost wages, and other related expenses. This system has safeguarded the victims of car accidents from being weighed down by out-of-pocket costs. However it is essential to know what it means. To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. First of all you must have been injured in a motor vehicle accident that occurred within the state of New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated at an accredited hospital or provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely severe injuries that can have a profoundly negative impact on the life of the victim. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also file a lawsuit in court on your behalf against the negligent driver who caused the accident. Following a serious car crash you could be faced with massive medical bills, lost wages and other costs. No-fault insurance is able to pay for these and other expenses, so you should seek treatment after an accident, even though you feel well. If you are unable to return to work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover a large portion of the cost you incur out-of-pocket such as the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. Attendance is mandatory, as failure to do so may result in denial of benefits retroactively. Pure faults that are comparable In many car accident lawsuits, plaintiffs are partially or completely accountable for the crash. The law permits injured parties to recover damages based on the proportion of fault that can be given to them. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount a claimant could be considered to have to prevent them from receiving financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two elements to be legally responsible for the accident the other being negligence and causality. Negligence is the violation of a law, or committing an act of negligence that is unreasonable. The causality is the manner in which the negligence caused the injury. To establish legal liability, plaintiffs must also show economic losses, including medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured can still claim compensation even if they are partially at fault. However, if the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this situation, it is important to work with a skilled attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complicated in cases of wrongful deaths. It is important to understand the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will collaborate with insurance companies to get you the maximum amount of compensation for your injuries. In addition, if have multiple defendants in your case, the concept of joint and multiple liability may apply. This is a method that divides the judgment between all defendants if the jury decides that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. Fresno injury lawyers are stressful enough, but the aftermath can be even more challenging. Victims of injuries are often faced with medical bills, lost income due to being unable to go to work and physical discomfort. They also have to think about whether they can cover rent and other daily expenses. The last thing they need is to be sucked into the tactics of an insurance company who is trying to get them to accept a settlement offer that is low. Insurance companies are in business to make money. They do this by refusing or reduce your claims. Insurance agents will employ every strategy to prevent you from getting the amount you are entitled to. This is why it's so important to hire an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. To save money, insurance companies will do everything they can to delay or stop your claim. They will also try to avoid responsibility by claiming that your injuries are not caused by the crash or they do not require treatment. They might even claim that your accident was the result of a prior medical condition. In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a common tactic that many people fall prey to. In reality, this offer is significantly less than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to be injured when driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving is when a driver is using an electronic device to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions. Reckless driving You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties that could be accountable for your injuries and losses. They can also initiate a lawsuit or claim against the driver in order to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or cyclists, pedestrians, and cyclists at risk. To convict someone, a policeman must show more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance driving at the red light or stopping sign could cause a serious accident and injury. If a driver is found driving recklessly, they could be found guilty of misdemeanor charges and face penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this crime could result in the addition of points to your license, as well as substantial fines. This could cause driver's insurance rates to rise substantially. It's important to hire a New York reckless driving accident attorney who will ensure the driver is held accountable on a fair basis. The reckless driving laws in New York are extremely strict and could lead to substantial penalties which include fines and even imprisonment. The severity of a penalty is contingent on a number of factors like the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. A seasoned reckless driving accident lawyer knows how to determine the causes of a crash and gather evidence that will demonstrate your innocence. This could include witness statements as well as phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.